Bill Text: HI HB1527 | 2018 | Regular Session | Introduced

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Bill Title: Relating To Airports.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [HB1527 Detail]

Download: Hawaii-2018-HB1527-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1527
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to airports.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that there is a compelling interest in protecting consumers from the effects of the high prices of travel and transporting goods among the islands.  The legislature further finds that to promote commerce, the State must create a transportation network to encourage competition and lower the cost of conducting business in the State.

     Hawaii's air transportation planning, management, and development functions are currently spread out among a number of agencies, including the department of transportation's harbors and airports divisions, the department of health with respect to environmental concerns, and the office of Hawaiian affairs with respect to ceded lands issues.

     This multijurisdictional situation has resulted in inefficiencies and conflicts that are difficult to resolve between agencies.  In addition, this situation sometimes leads to conflicting plans of action among the different agencies seeking to implement different goals.

     Recent problems experienced by the medevac night services in this State could expand to the loss of air travel options on Molokai and Lanai if the current multijurisdictional system is allowed to persist.

     The economic well-being of the State depends in part on the efficient use of all of its air transportation resources, to enhance and complement efforts to improve Hawaii's economy.  The legislature believes that coordinated planning and development of air transportation would be implemented more effectively by a single entity having overall consolidated jurisdiction.

     The legislature finds that the rational allocation and administration of scarce and increasingly valuable airport resources through the establishment of an airport authority is vital for the well-being of the people and the economy of the State.  An airport authority will create new access to cargo options, lower the cost of travel, increase medical flight services, provide increased flexibility for civil defense, and expand tourism options.

     It is the intent of the legislature that the employees of the department of transportation currently charged with the management of airports be eventually transferred to the Hawaii airport authority without loss of seniority or benefits and that future employees of the airport authority be state employees.

     Accordingly, the purposes of this Act are to: establish the Hawaii airport authority as an independent public entity to set statewide policy on all matters relating to airports; and provide for the orderly transfer of the department of transportation's responsibilities with regard to airports to the Hawaii airport authority.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

HAWAII AIRPORT AUTHORITY

     §   -1  Definitions.  As used in this chapter:

     "Administrator" means the administrator of the airport authority.

     "Airport authority" means the Hawaii airport authority.

     "Airport" shall include any area of land or water in those portions of the airports or airports that is used, or intended for use, for the landing and departure of aircraft, and any appurtenant areas that are used or intended for use for airport buildings or other airport facilities or rights-of-way, including approaches, together with all airport buildings and facilities located thereon.

     §   -2  Hawaii airport authority; established.  (a)  There is established within the department of budget and finance for administrative purposes the Hawaii airport authority to serve as an independent public entity to establish statewide policy on all matters relating to airports in Hawaii.

     (b)  The airport authority shall be a body corporate and a special political subdivision of the State.

     §   -3  Hawaii airport authority; members.  (a)  The airport authority shall consist of seven voting members as follows:

     (1)  The administrator, who shall be an ex officio, voting member of the airport authority;

     (2)  Two members who shall have a background in general aviation;

     (3)  Two members who shall have a background in commercial carrier aviation and be members of the general aviation council of Hawaii; and

     (4)  Two members who shall represent the visitor industry and the airport concessionaires.

     (b)  At least two members of the airport authority shall reside in a county with a population of less than eight hundred thousand.

     (c)  The members of the airport authority shall be appointed by the governor pursuant to section 26-34, from a list presented to the governor by the president of the senate and the speaker of the house of representatives and except as specifically provided by this section.  Initial appointments shall be for staggered terms, as determined by the governor.  Appointment of the members of the airport authority by the governor shall be exempt from the advise and consent authority of the senate.  The president of the senate and the speaker of the house of representatives shall consult with stakeholders to compile the list presented to the governor pursuant to this section.

     (d)  Except as provided in this chapter, no member of the airport authority appointed under this section shall be an officer or employee of the State or any of the counties.

     (e)  The airport authority shall be exempt from the rulemaking requirements of chapter 91.

     §   -4  Administrator of the Hawaii airport authority.  (a)  The airport authority shall be headed by a single executive to be known as the administrator of the airport authority.

     (b)  The administrator:

     (1)  Shall have extensive aeronautical and airport management expertise prior to appointment;

     (2)  Shall report directly to the governor;

     (3)  Shall be appointed by the vote of not less than five members of the airport authority, excluding the administrator;

     (4)  Shall be a voting member of the airport authority;

     (5)  May be removed from office by a vote of not less than five members of the airport authority, excluding the administrator;

     (6)  Shall have the powers described in this chapter and as may be delegated by the airport authority;

     (7)  May appoint, with the majority consent of the members voting thereon, a deputy administrator for each county as the administrator deems appropriate; and

     (8)  May hire staff and employees to fill positions that may be provided for in the airport authority's annual budget.

     (c)  The airport authority shall adopt bylaws providing for the automatic succession of a deputy administrator to the vacant post of administrator on an interim basis and until a permanent administrator is appointed.

     §   -5  Staff.  (a)  Each deputy administrator shall exercise the authority and discharge the duties delegated to that deputy administrator by the airport authority and the administrator.  Each deputy administrator shall report to, and be under the supervision of, the administrator.

     (b)  Each deputy administrator shall exercise those powers that may be delegated by the administrator, whether or not in the administrator's presence.

     (c)  The functions, duties, and compensation of all positions, and the discharge of any staff or employee hired by the administrator, shall be provided for in the bylaws of the airport authority.

     §   -6  Hawaii airport authority; powers and duties.  (a)  Except as otherwise provided in this chapter, the airport authority:

     (1)  Shall exercise power and control over airports and related facilities and buildings to provide for:

         (A)  The landing, taking-off, and servicing of aircraft, and the loading and unloading of passengers and cargo;

         (B)  The comfort, accommodation, and convenience of air travelers; and

         (C)  Any matter related to the foregoing;

     (2)  Shall:

         (A)  Exercise general supervision over aeronautics at airports within the State and, in connection therewith, encourage, foster, and assist in the development of aeronautics in the State, and encourage the establishment of airports and air navigation facilities;

         (B)  Cooperate with and assist the federal government, including the Federal Aviation Administration, and other persons in the development of aeronautics;

         (C)  Seek to coordinate the aeronautical activities of the State with those activities of the federal government;

          (D)  Establish uniformity of rules in airports across the State;

         (E)  Develop and implement a strategic plan to improve small airports, including the development of restaurants, shops, and appurtenant areas pursuant to airport best practices;

         (F)  Ensure that all airports with facilities in general aviation and commuter aviation comply with the requirements established pursuant to title 14 Code of Federal Regulations, chapter I, subchapter I, as amended; and

         (G)  Improve aviation infrastructure, including implementation of instrument landing systems for critical access airports, removing radar gap coverage on the east side of Hawaii island;

     (3)  May use the facilities and services of any department, board, commission, or agency of the State or counties;

     (4)  May sue and be sued;

     (5)  Shall have a seal and may alter the seal at its pleasure;

     (6)  May make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

     (7)  Shall establish bylaws for its organization and internal management;

     (8)  Shall establish bylaws for the adoption of rules and shall adopt rules, through the administrator, to effectuate this chapter;

     (9)  Shall adopt an annual budget for its operations and maintenance program and its capital facilities program;

    (10)  Shall appoint officers, agents, and employees through the administrator, prescribe their duties and qualifications, and fix their salaries;

    (11)  May own, sell, lease, hold, clear, improve, and rehabilitate real, personal, or mixed property, and assign, exchange, transfer, convey, lease, sublease, or encumber any airport, or any project, improvement, or facility related thereto;

    (12)  Shall develop, construct, reconstruct, rehabilitate, improve, alter, or repair, or provide for the development, construction, reconstruction, rehabilitation, improvement, alteration, or repair of, any airport, or any project, improvement, or facility related thereto, and designate a qualified person as its agent for that purpose; and own, hold, assign, transfer, convey, exchange, lease, sublease, or encumber any airport or any project, improvement, or facility related thereto;

    (13)  Shall arrange or initiate appropriate action for the planning, replanning, opening, grading, relocating, or closing of streets, roads, roadways, alleys, easements, or other places; the furnishing of facilities; the acquisition of property or property rights; and the furnishing of property, development rights, or services in connection with any airport, or any project, improvement, or facility related thereto; provided that these actions shall not conflict with the requirements established pursuant to title 14 Code of Federal Regulations, chapter I, subchapter I, as amended;

    (14)  May grant options or renew any lease entered into by it in connection with any project, on terms and conditions as it deems advisable;

    (15)  May provide advisory, consultative, training, and educational services; technical assistance; and advice, to any person, either public or private, to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

    (16)  Shall procure insurance against any loss in connection with its property and other assets and operations, in the amounts and from the insurers as it deems desirable, or provide for self-insurance;

    (17)  May accept and receive gifts or grants in any form from any person, public entity, or source; provided that the grants and gifts shall be used for airport authority purposes;

    (18)  May pledge or assign all or any part of the moneys, fees, rents, charges, or other revenues and proceeds derived by the airport authority from the proceeds of insurance or condemnation awards for the loss of revenues or incurring of costs and expenses because of any action taken by the airport authority;

    (19)  Shall impose, prescribe, and collect rates, rentals, fees, or charges for the lease, use, and services of its airport facilities at least sufficient to pay the costs of operation, maintenance, and repair, if any, and the required payments of the principal of, and interest on, all bonds issued or assumed by the airport authority and reserves therefor; provided that the amounts charged shall be no less than comparable rents charged at airports of similar size and capacity in the United States;

    (20)  May engage in economic development programs and contract with the department of business, economic development, and tourism or nonprofit corporations in the furtherance of economic development;

    (21)  May take all actions necessary under emergencies such as hurricanes, tsunamis, and other natural disasters;

    (22)  Shall plan, construct, operate, and maintain all airports in the State, including the acquisition and use of lands necessary to stockpile dredged spoils without the approval of county agencies, notwithstanding any other law to the contrary;

    (23)  May issue revenue bonds and special facility revenue bonds in its name pursuant to chapter 39 without limitations, but not in excess of the principal amounts necessary for its purposes or specified in covenants with bondholders;

    (24)  Shall issue revenue bonds for the establishment of reliever airports;

    (25)  May invest and secure its moneys in accordance with chapters 36 and 38;

    (26)  May take public and private property for use in furthering any of the purposes of the airport authority or as otherwise provided by law; provided that all proceedings for condemnation shall be conducted in accordance with chapter 101;

    (27)  May provide compensation, allowance, or other assistance to any person for relocation or displacement caused by the acquisition of land for airport purposes;

    (28)  May hire or contract law enforcement personnel, notwithstanding any other law to the contrary;

    (29)  May use funds appropriated to the airport authority to fund services on a seven-days-a-week basis regardless of any appropriation stating otherwise;

    (30)  Explore niche ideas for the expansion or improvement of transportation in Hawaii, including the use of seaplanes;

    (31)  Shall develop equitable electrical use policies, including requiring the installation of electrical submeters or other similar devices to accurately track electrical use by airport tenants;

    (32)  Shall develop a strategic plan to address autonomous aircraft systems; and

    (33)  May do any and all things necessary to carry out its purposes and exercise the powers given to it in this chapter.

     (b)  No county shall adopt any ordinance or rule that interferes with or obstructs the operations of the airport authority.

     §   -7  Hawaii airport authority; powers and duties.  No later than twenty days prior to the convening of each regular session, the airport authority shall submit to the legislature an annual report of its activities and finances."

     SECTION 3.  Section 261-21, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as provided in subsection (c), any person violating this chapter, or any of the rules or orders issued pursuant thereto and relating to:

     (1)  Safety measures, practices, or requirements;

     (2)  Airport security measures or requirements; or

     (3)  The licensing and regulation of persons engaged in commercial activities at public airports,

duly adopted or served, shall be [guilty of a misdemeanor.] subject to a civil penalty not to exceed $500."

     SECTION 4.  Jurisdiction over aeronautics and airports, including airport functions under the department of transportation's airports division, shall be transferred to the airport authority on July 1, 2018.

     SECTION 5.  At least twenty days prior to the convening of the regular session of 2018, the department of transportation shall submit to the legislature a report recommending statutes that must be amended to transfer the authority and corresponding employees to the airport authority pursuant to this Act.

     SECTION 6.  There is appropriated out of the general revenues of the State of Hawaii the sum of $         or so much thereof as may be necessary for fiscal year 2017-2018 for the implementation of the Hawaii airport authority.

     The sum appropriated shall be expended by the department of budget and finance for the purposes of this Act.

     SECTION 7.  It is the legislature's intent that this Act not jeopardize the receipt of any federal aid nor impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any such modification with reasons therefor to the legislature at its next session thereafter for review by the legislature.

     SECTION 8.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 9.  This Act shall be liberally construed to accomplish the purposes set forth herein.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect the other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 10.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 11.  This Act shall take effect upon approval; provided that section 2 shall take effect on July 1, 2018, and section 6 shall take effect on July 1, 2017.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Airport Authority; Airports; Appropriation

 

Description:

Establishes the Hawaii airport authority.  Transfers the administration of airports and the general aviation commuter portions of other airports to the Hawaii airport authority.  Makes an appropriation.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.